Yet another self defense shooting question, with a poll!
- Thread starter DaveTheMinion
- Start date
No, do not make negative comments. Say only what happened and why ("I was afraid for my life") Then call your attorney. If you do not give a short version of your side of the story then there is no reason to believe you are not guilty. How is the LEO on scene going to know whether or not the dead/injured guy and you were not fighting over a woman or something? What ever you do, whether you decide to speak to the officers or not, NEVER lie about anything.
In a situation like this your biggest worry would be the civil lawsuit that WILL be coming. LEOs are not eager to arrest someone that defends themselves. Attorneys, on the other hand don't care who's life they ruin as long as they get paid.
My fathers friend was attacked on the side of the road and the guys tried to take his wallet and van.
He was shot about 3-4 times and ended in the hospital but before that happened he shot one of the guys and the guy is in jail now witing for trial.
However his gun is still with the cops and its been over 4 months now.
He was shot about 3-4 times and ended in the hospital but before that happened he shot one of the guys and the guy is in jail now witing for trial.
However his gun is still with the cops and its been over 4 months now.
Been there and done that, I was too amped up to give a **** about anyones opinion on my speech. My firearm wasn't taken, I wasn't charged with a crime and the police were all gentlemen and very kind.
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Ken, while I respect your response considering you are a Leo, after a self defense shooting, hell even a wreck, your adrenaline is pumping on overdrive. After my wreck I just wanted a cigarette and a chance to chill for a second, dealing with police took a lot out of me. I'd rather them haul me downtown, calk and consult with my attorney, tell him what happened so that if I say the wrong thing out of anger/fear etc, it wont be used against me in Courtney that's my biggest concern.
A wreck is a completely different situation than a self-defense shooting. In the former you've gotten away with your life only by providence (or chance) and in the latter you've escaped with your life because of your training and skill. In a wreck you've lost your car. In a shooting you've gained your life. Two completely different situations.
Listen to Ken. Talk to the police. If it was righteous, they will want to help you. It's one less officer that will eventually come into harms way thanks to you. You've helped them, they will help you. Keep it simple, be clear that you were in fear for your life and that you are the good guy. Call your lawyer as soon as possible. Otherwise LE rolls in and you become an uncooperative witness - and you don't want that.
I think that your response should be careful and measured, but IF, and I think it is a BIG IF, the LEOs pick you out of all the people that legally defend themselves every day and face no charges, to wrongfully persecute you, then your lack of response would seem to be just as bad, and maybe worse to a jury.
Our Georgia legistlation has made it clear that person that have justified self defense shootings are not to be harassed. As for the gun, it is evidence. Some courts feel it is nessesary to keep the gun for the trail and all possible appeals. If a court holds it longer than you feel comfortable with, then have your attorney petition the court for it's return.
My opinion is that the $400-500 that I spent was well spent if it saved my life. (Even though I would want my property returned as soon as possible) Unless you have been arrested you will have no problem getting another weapon, especially if you have your Carry Permit.
Sorry Ken, but I am going to have to disagree with you. You call your attorney first. Brief him, or her BEFORE YOU MAKE ANY STATEMENT TO ANYONE. As you know not every officer that responds to a shooting call is an expert on the subject. Their inexperienced opinion or observation about you or your statement could find it's way into the investigation and lead to damaging results down the road if the DA or GJ decides to go ahead with charges. I would much rather have my statement taken by the homicide investigator, investigating the case then a narcotics officer who just happened to be in the area when the initial call in.
The GZ case is a prime example of why giving statements can hurt you if you are not careful. I have nothing against the police, but it is important to remember, everything you say can and will be used against you.
I would much rather have a few police officers frustrated with me because I wont give them a statement until my attorney gets there then spend the next two to three years fighting for my life in a courthouse. Not all SD shootings are cut and dry or simple to explain.
As for the gun, I guess I would like it back but it wouldn't break my heart if I never got it back. The few hundred dollars lost were well spent if I survived IMO.
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